Supreme Court Monthly Digest: September 2020
4 years, 1 month ago

Supreme Court Monthly Digest: September 2020

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Important Judgments/ Orders: 1. Judicial Review Should Not Be Exercised Virtually As A Continuous Oversight Of Designated Authority Functions: SC Order dated September 1, 2020 Judicial review should not be exercised virtually as a continuous oversight of the DA's functions, observed the bench comprising Justices Arun Mishra, Vineet Saran and S. Ravindra Bhat while setting aside orders passed by Telengana High Court issuing directives to Designated Authority. Serving Judicial Officers Cannot Club Their Previous Experience As Advocates To Claim Eligibility For Elevation As HC Judges: SC Order dated September 4, 2020 The Supreme Court observed that serving Judicial Officers cannot invoke Explanation of Article 217 of the Constitution of India to club with their judicial service, the experience that they had at the Bar before joining judicial service, to claim eligibility for considering them for elevation as High Court judges. Prevention Of Food Adulteration Act - No Violation Of Labelling Regulations If Relevant Information Traceable From Barcode: SC Order dated September 4, 2020 The Supreme Court bench comprising Justices RF Nariman, Navin Sinha and Indira Banerjee quashed a prosecution for alleged violation of Rule 32 of the Prevention of Food Adulteration Rules, 1955 after noting that the relevant information about the batch of the product was available in the barcode affixed to it. Arbitration -Enforcement Court May Refuse Enforcement Of Foreign Award, But Cannot Set Aside Or Correct It: SC Order dated September 16, 2020 The Supreme Court, in Vedanta case, observed that though enforcement courts may "refuse" enforcement of a foreign award, if the conditions contained in Section 48 of the Arbitration Act are made out, but it cannot set aside or correct a foreign award, even if such conditions are made out.

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